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Hey guys, Anthony Bandiero Here attorney, Senior Legal instructor for Blue to gold law enforcement training, bringing to the roadside chat from Joplin, Missouri. What a great place, by the way, my first time here, and it won't be my last. All right. So I have a question for Nasir. He actually doesn't say what state he's from. And his email addresses personal email address, but that's okay. And he wants clarification on detaining someone who committed a crime. But the victim doesn't want to press any charges. And then they want to know about, you know, can we still detain him, identify him, try to find out what his story is, and so forth. So this situation is this, they responded to a suspicious person called, of unknown subject, knocking on a door that doesn't belong there. As he left, he broke a vase that was on the patio, you know, that can just imagine this guy just like, something's wrong with him. He just like, smacks his face and it just breaks, right? They can they contacted the homeowner, right? And she says, Look, I don't want anything done, right? I'm not going to be a victim here, and just let it go. I want nothing to do with it. So they then leave? Well, they then see him walking down the street. And they considering a consensual contact. You know, since the victim doesn't want anything done, but the officer is asking, you know, let's say he doesn't want to engage in a consensual contact, can we actually detain him? Right? And investigate? And here's my answer. I think the answer is no, I don't really have a case on this. I've never seen a case on this. But I think jelly answer's no. Because look, if you look at the tensions, what are they for, they're supposed to be for conforming or dispelling whether criminal activity is afoot, right? criminal activities ongoing. So we basically have no victim no crime. That's kind of the way I'm looking at this right? You have a person who's saying, I don't want to make this a criminal issue, right? This is gonna be a wash for me. So you don't have that? You. You also don't have. And again, I'm spitballing here because there could be a case out there that that says, yeah, actually, we can still contact him and so forth. I'll tell you one of potential what I think we could do but wait for it. And then also, we don't have probable cause, either, because we have no, you know, we don't have enough evidence, because we have no victim that doesn't want to make this a crime. We don't have evidence that the person at this point has engaged as committed a crime, because again, you got this no victim, no crime kind of idea. So I would say no, I would not detain this person; if they don't want to talk, they can keep on walking. Here's the caveat. If the officer has facts or circumstances that lead him or her to reasonably believe that this person will commit a future crime, right, that this person, you know, maybe we saw him going up to other people's houses and knocking on the door. I'm definitely good on that point. I'm definitely good with a detention at that point. Because it looks like he's going from house to house and he could be breaking more stuff in plus, what is he really up to? Right? I mean, you know, it depends on the time of night and so forth. So if we have facts and circumstances for some kind of future criminal activity, I would feel very comfortable detaining him temporarily to confirm or dispel what's going on with him, right. But if he's just walking on the sidewalk, and that's all we have, when you just have that past behavior, I personally will let him go and why would not detain him? I hope it helps. No cases on this and I can think of kind of an interesting situation. I think it's a great question, and I hope you found some value in it too. So keep your questions coming. You can go to blue to gold comm Ford slash show to ask your questions. Don't forget about our weekly webinars. Don't forget about our other YouTube videos. If you liked this video, please like, subscribe, comment, and share with your friends aren't my friends. Until next time, right? Keep doing a great job out there and stay safe.
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